CONTRACT 3642 - PERM Memorandum of Understanding CLOSED6,642
MEMORANDUM OF UNDERSTANDING
BETWEEN
THE CITY OF EL SEGUNDO
AND
CALIFORNIA TEAMSTERS PUBLIC, PROFESSIONAL
AND MEDICAL EMPLOYEES UNION, LOCAL 911
SUPERVISORY AND PROFESSIONAL EMPLOYEES' BARGAINING UNIT
ARTICLE I - RECOGNITION
SECTION 1. Pursuant to the provisions of the City of El Segundo Resolution No. 3208,
establishing procedures governing employer - employee organization relations, the City of El
Segundo (hereinafter referred to as the'City' and'Employer' (interchangeably) has recognized the
California Teamsters Public, Professional and Medical Employees Union, 911, an affiliate of the
International Brotherhood of Teamsters (hereinafter referred to as the 'Union') as the exclusive
representative of employees within the bargaining unit consisting of the following classified
positions:
Accountant
Administrative Analyst
Civil Engineering Associate
Community Cable Program Manager
Construction Coordinator
Crime Prevention Analyst II
Crime Prevention Analyst I
Emergency Services Coordinator
Environmental Safety Manager
Equipment Maintenance Supervisor
Facilities Maintenance Supervisor
Fire Marshal
Librarian I
Network Technician
Park Maintenance Supervisor
Plan Check Engineer
Plans Examiner
Police Records Supervisor
Principal Fire Prevention Specialist
Program Coordinator
Property Owner Coordinator
Recreation Supervisor
Residential Sound Insulation Manager
Senior Accountant
Senior Administrative Analyst
Senior Building Inspector
Senior Civil Engineer Associate
Senior Planner
Street Maintenance Supervisor
Technical Services Analyst
Wastewater Supervisor
Water Supervisor
SECTION 2. The City recognizes the Union as the representative of the employees in the
classifications and assignments set forth in Section 1, above, for the purpose of meeting the joint
obligations of the City and Union as set forth within the Meyers - Milias -Brown Act, Government Code
3500 et sea.
SECTION 3. The term of this Memorandum of Understanding (MOU) shall commence
on October 1, 2006 and end on September 30, 2009.
ARTICLE II - NON - DISCRIMINATION
Neither the City nor the Union shall discriminate against any employee because of race, color,
age, creed, national origin, sex, handicap, medical condition, marital status, or union activities in
any matter.
ARTICLE III - HEALTH AND WELFARE
SECTION 1. Health Insurance - Supervisory employees participate as members of the
PERS administered Public Employees' Medical and Hospital Care Program. Employees have a
choice of HMO and Indemnity medical coverage plans.
SECTION 2. Alternative Medical Plans - During the term of this agreement, the City may
reopen the contract in order to consider alternatives to the PERS medical plan. The City agrees that
it will only propose plans that provide for a cost - effective, comprehensive medical package for
employees and their families (i.e., provides comparable benefits to current plan, including
portability). There will be no change in insurance plans prior to January 2006 without agreement of
the parties.
SECTION 3. Dental Insurance - The City provides fully paid dental insurance for the
employee and all eligible dependents.
SECTION 4. Optical Insurance - The City provides fully paid optical insurance for the
employee and all eligible dependents.
SECTION 5. Life Insurance - Employees are provided a fully paid $50,000 term life
insurance policy. Additional coverage for self ($100,000 maximum) and for family members may be
purchased at group rates by the individual employee.
SECTION 6. Insurance Cap — The City's aggregate contribution for current dental, optical
and life insurance shall be capped at $152.80 per month. The City shall provide optical benefits for
each employee and the employee's dependents through the Joint Council of Teamsters 42 Welfare
Trust Fund Plan. Within the monthly contribution cap currently established for dental, optical and life
insurance coverage, the City's monthly contributions toward dental and life insurance coverage for
an employee shall be made after the City's full monthly vision benefit contribution for an employee
and his /her dependents has been made.
SECTION 7. Long Term Disability Insurance (LTD) - The City provides all supervisory
personnel with a fully paid long term disability insurance policy which allows continuance of 66 -2/3 %
of the first $7,500 of the employee's monthly salary. The policy applies to non -job related
occurrences and benefits are payable following a 60 day waiting period. The maximum benefit
period varies on the basis of the employee's age at the time disability begins.
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SECTION 8. Workers Compensation - The City provides employees who receive job
related injuries that are compensable under California Worker's Compensation Laws 75 % of their
regular monthly salary for a period of up to one year.
SECTION 9. Flexible Spending Account - Pursuant to applicable federal laws, the City
allows for payment of employee paid insurance premiums, non - reimbursed medical expenses
and /or dependent care expenses with pre -tax dollars. Participation in the program is voluntary.
SECTION 10. Bereavement Leave - The present practice of granting three (3) working days
of bereavement leave per incident shall be increased to forty (40) hours per incident in those
circumstances where travel to a funeral or other memorial proceeding is 500 or more miles one way
as measured from the El Segundo City Hall. Additionally, the definition of the immediate family
whose funeral or memorial proceeding qualifies for use of bereavement leave, shall include the
children, parents, siblings, grandparents of the employee, the employee's spouse or significant
other.
SECTION 11. California State Disability Insurance (SDI) Program — The City will take all the
necessary administrative steps, as expeditiously as possible, to provide Union employees with State
Disability Insurance Program coverage through the California Employment Development
Department. All actual costs associated with participation in the State Disability Program will be the
responsibility of Union employees.
ARTICLE IV - RETIREMENT
SECTION 1. Effective November 8, 2000, employees participate in the Public Employees
Retirement System (PERS) 2% at 55 Miscellaneous Plan. The Plan's retirement benefits are
integrated with Social Security. The City pays both the employers and the employees required
contribution to PERS. Social Security contributions are equally shared by the City and the
employee. The Senior Fire Protection Analyst shall for the term of the agreement participate as a
local Safety member pursuant to Government Code 20019 under the PERS System.
Effective January 1, 1992, the City's contract with PERS was amended to include the single highest
year retirement calculation option. The present City contract with PERS also calls for incremental
yearly increases in the City contribution towards retirees' medical coverage (currently $375 per
month) so that by 1995 the contribution for current employees and retirees will be equal.
SECTION 2. Retiree Medical Insurance Contribution - A member of the Union will be
eligible to receive the City - provided retiree medical insurance contribution, which is equal to that
provided to an active Union member, after a minimum of 5 full -time years of service with the City of
El Segundo.
SECTION 3. Deferred Compensation Plan - Employees are eligible to participate in the
International City Management Association Retirement Corporation (ICMA -RC) and the Nationwide
Retirement Solutions (NRS) Deferred Compensation Plans. Participation is voluntary and there is
no City contribution to the plan.
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SECTION 4. Leave Payoff - Employees separating from the City service are paid the
accumulated total of their unused vacation leave and personal floating holiday leave.
SECTION 5. Government Code 20022(a)(1) provides that compensation for purposes of
computing PERS retirement benefits includes remuneration paid in cash because of holidays, sick
leave and vacation, as well as other remuneration furnished in payment for services. This MOU
section memorializes that members of this unit have been contractually eligible to receive City paid
cash equivalencies for vacation, sick leave and floating holidays accrued during the employee's final
year of employment. Said members have also been eligible to receive a cash distribution equal to
the monthly differential between $500.00 and the monthly amount designated by each member for
funding health insurance and similar programs (herein referred to as an insurance differential.)
Pursuant to City Council action in December 1991, the former management/confidential unit was
modified, with members of this Supervisory Unit being removed from the then existing
management/confidential unit. The classifications now contained within this Supervisory Unit being
removed from the then existing management/confidential unit. The classifications now contained
within this Supervisory Unit were included within the prior management/confidential unit and City
contractual agreements prior to December 1, 1992 to provide the management/confidential unit
members with payment for vacation, sick leave and floating holidays accrued during the final year of
employment, as well as the above insurance differential, fully inured to the benefit of those
classifications now within the Supervisory Unit.
On June 2, 1992, the City Council adopted the first Memorandum of Understanding between the
City and the Supervisory Unit, with Article VII of said MOU providing in pertinent part that all wages,
hours and terms and conditions of employment in full force and effect prior to the adoption of the
MOU, are to remain in full force and effect and are to be set forth within a later document entitled a
Comprehensive Memorandum of Understanding. As members of the prior management/confidential
unit, those classifications within the Supervisory Unit were therefore subject to earlier Council
determination providing the described paid remuneration for vacation, sick leave and floating
holidays accrued during the final year of employment, as well as the above insurance differential,
and the June 2, 1992 Memorandum of Understanding contractually signifies that said benefits are to
remain in full force and effect unless and until altered pursuant to the meet and confer process.
This "Comprehensive Memorandum of Understanding" thereby codifies pre- December 1992
contractual provision of the stated compensation benefits to unit members.
SECTION 6. Public Agency Retirement System (PARS) - Effective October 1, 2008, the
City will contract with the Public Agency Retirement System (PARS) to provide additional retirement
benefit for eligible union employees. Eligible employees are those who are 1) 55 years of age or
older, 2) have completed 15 years of continuous service with the City of El Segundo and 3) service
or disability retire from the City of El Segundo. Eligible employees are entitled to receive the PARS
.5 @ 55 retirement enhancement formula as a supplement to the City's 2% @ 55 Public Employees'
Retirement System formula.
Effective October 1, 2008 Union employees will contribute 1 % of their total pay via payroll deduction,
as their share of the cost of the PARS retirement benefit.
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ARTICLE V - SICK LEAVE
SECTION 1. Employees accrue sick leave at a rate of eight (8) hours per month. The
maximum carryover of sick leave from November 30 to December 1 of each year is six hundred
(600) hours.
City provides a seventy percent (70 %) payoff each December 1 of any accumulated sick leave hours
above the maximum carryover.
Employees who, on July 1, 1998, had an accumulated sick leave balance higher than six hundred
(600) hours will have a maximum carryover equal to their accumulated sick leave balance on that
date. No such maximum carryover can be greater than one thousand fifty -six (1056) hours. Should
an employee's personal sick leave accrual limit drop below six hundred (600) hours, their future
maximum carryover shall not be allowed to exceed six hundred (600) hours.
Employees, with at least five (5) full years of service with the City, receive payment for eighty percent
(80 %) of their accumulated sick leave upon service retirement, disability retirement, or death.
SECTION 2. Annual Medical Examination - Employees are eligible for a fully paid
comprehensive medical examination each year.
The City currently utilizes Westchester Medical Group /Center for Heart and Health for the
examinations.
The results of the examination include extensive written documentation and feedback, fitness
consultation, recommended further testing and /or adjustments to current lifestyle practices and
ongoing monitoring.
Up to two (2) days of sick leave may be used each year for physical examinations.
SECTION 3. Sick Leave Usage for Family Care - Affected employees are eligible to utilize
a maximum of six (6) available eight (8) hour days of sick leave per calendar year in order that care
may be provided to immediate family members suffering from illness or injury. The term "immediate
family member" shall exclusively include the children, parents, siblings, grandparents of the
employee, the employee's spouse or significant other. "Immediate family member" shall also include
mother -in -law and father -in -law. The City shall require each affected employee utilizing sick leave
for said purpose to provide in writing a sworn statement evidencing the facts justifying the use of
sick leave in this regard.
SECTION 4. Catastrophic Illness Leave - An employee may transfer sick leave, vacation or
compensatory leave to a sick leave bank to be donated to an employee who is experiencing
catastrophic illness and has exhausted all personal sick leave. Such a transfer can be made on July
1 of each year on forms provided by the City of El Segundo. The City has the right to verify all
catastrophic illnesses before donation from the sick leave bank.
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ARTICLE VI - EMPLOYEE ASSISTANCE PROGRAM (EAP)
Provides confidential assistance, referrals and counseling to the employee and members of the
immediate family. The program is designed to provide professional assistance and support to help
employees and their families resolve problems that affect their personal lives or job performance.
ARTICLE VII - VACATION
SECTION 1. Employees shall receive either:
"ORIGINAL ACCRUAL SCHEDULE"
Years of Service Days
Upon completion of:
1 -7 years 12 days
8 -14 years 17 days
15 or more 22 days
or
"ALTERNATIVE ACCRUAL SCHEDULE"
From commencement of the 1st year of service through and including completion of
the 5th year of service - Twelve (12) vacation days accrual per year, with a day being
the equivalent of eight (8) hours;
From commencement of the 6th year of service through and including completion of
the 10th year of service - Fifteen (15) vacation days accrual per year, with a day being
the equivalent of eight (8) hours;
From commencement of the 11th year of service through and including completion of
the 15th year of service - Eighteen (18) vacation days accrual per year, with a day
being the equivalent of eight (8) hours;
From commencement of the 16th year of service and for all years of service thereafter - Twenty -two
(22) vacation days accrual per year, with a day being the equivalent of eight (8) hours.
An employee desiring to participate in the alternative accrual schedule shall so advise payroll in
writing of their election, no later than September 6, 1994. Failure to advise of an election to accrue
vacation pursuant to the alternative schedule shall result in the employee continuing to accrue
vacation on the original schedule. An election to accrue pursuant to the alternative schedule or
maintenance of accrual pursuant to the original schedule, shall be irrevocable.
SECTION 2. Employees may use their accrued vacation leave after six (6) months of
employment.
SECTION 3. Maximum accumulation of vacation allowed is the equivalent of two (2) years
service accrual.
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SECTION 4. Employees who have completed one year of service may receive cash
payment in lieu of accrued vacation time up to a maximum of 100% the annual accrual to which they
are entitled by length of service. Employees may exercise this option twice per calendar year.
ARTICLE VIII - HOLIDAYS
SECTION 1. Employees shall receive the following holidays:
January 1st
The third Monday in February
The last Monday in May
July 4th
The first Monday in September
November 11th
Thanksgiving Day and the Friday thereafter
December 24th
December 25th
December 31st
Floating Holiday
(8 hours of paid leave plus any additional hours as may be determined by the City Manager)
SECTION 2. In the event any of the above holidays fall on the last day an employee is off
on his /her regular days off, the following day shall be observed as a holiday.
SECTION 3. In the event any of the above holidays fall on the first day of an employee's
regular days off, the previous day shall be considered as a holiday.
SECTION 4. The floating holiday leave may be used six (6) months after the employee's
initial appointment date.
ARTICLE IX - PROFESSIONAL DEVELOPMENT
Employees are reimbursed 100% of the cost of tuition and books to a maximum of $1,250 per
calendar year for satisfactory completion of work related college courses. Requires prior written
approval of department head and City Manager and requires a C average or better grade.
With the approval of the department head and /or City Manager, the City also pays the cost of an
employee's professional membership fees and conference, meeting and workshop attendance.
Employees who participate in the program must sign the following agreement:
Educational Reimbursement - "I certify that I successfully completed the course(s),
receiving at least a grade of'C' or better." (Attach copy of grade verification) Further, I agree
to refund the City or have deducted from my final paycheck any educational reimbursement
funds received under this program if I should leave the City's employ, voluntarily or through
termination, with cause, within one year after completion of the course work for which I am to
receive reimbursement, in accordance with the following schedule.
Below is the reimbursement schedule for the full months worked between course completion
and resignation dates and the percentage of the total reimbursement to be refunded to the
City.
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1 100%
7
50%
2 100%
8
40%
3 90%
9
30%
4 80%
10
20%
5 70%
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10%
6 60%
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0%
Probationary employees are not eligible to participate in this program.
ARTICLE X - COMPUTER LOAN PROGRAM
Employees are eligible to receive an interest -free loan not to exceed $4,000 for the purpose of
purchasing personal computer hardware, software, ergonomically correct furniture and related
equipment. Loans shall be repaid through payroll deductions over a three (3) year period. The City
shall retain title, as security, to any equipment purchased through the program until the loan is fully
paid off. After the fact financing shall be permitted upon the loan applicant receiving prior written
approval from the Director of Administrative Services. Outstanding loan balances must be paid off
at the time an employee separates from the City. The Administrative Services Department shall
prepare guidelines for implementation of the program and shall update those guidelines periodically
as necessitated by changes in technology or organizational requirements.
ARTICLE XI - SALARY
SECTION 1. Salary Adjustments
(a). Effective the pay period including October 1, 2006, the base salary set forth within
each step of the salary ranges shall be increased by 4.5%
(b) Effective the pay period including October 1, 2007, the base salary within each step
of the salary ranges shall be increased by a cost -of- living adjustment (COLA) based on a floor
of 3% and a ceiling of 5 %. The COLA will be based on the average Consumer Price Index
(CPI -U) in the Los Angeles- Riverside - Orange County geographic area for the nine month
period from December, 2006 to August, 2007.
(c) The City and the Association agree that should the City Employees Association or
the Police Support Services Employees Association Bargaining units in future contract
negotiations be provided an enhanced PERS Retirement formula, e.g., 2.5% @ 55, 2.7% @
55 or 3.0% @ 60, the Supervisory and Professional Employees Association would receive a
salary increase in that year which is reduced by 1 % and would represent the cost of increasing
the City's employee contribution rate from 7% to 8 %.
SECTION 2. Additional Pay - Effective December 30, 2000, employees shall be paid a
monthly distribution of Six Hundred Dollars ($600.00) as additional pay. The City shall pay the
employer's and the employee's PERS contribution on the $600.00 of additional pay.
(a) Effective January 1, 2007, the City's contribution towards medical coverage will be
determined by the current (12/1/06) average of the Kaiser and Blue Shield HMO
family coverage rate ($890.90).
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(b) Effective January 1, 2008, the City's contribution towards medical coverage will be
determined by the current (12/1/06) average of the Kaiser and Blue Shield HMO
family coverage rate ($890.90). Any increase in medical costs above the rate in
effect January 1, 2007 will be shared 50% by the City and 50% by the employee.
(c) Effective January 1, 2009, the City's contribution towards medical coverage will be
determined by the current (12/1/06) average of the Kaiser and Blue Shield HMO
family coverage rate ($890.90). Any increase in medical costs above the rate in
effect January 1, 2007 will be shared 50% by the City and 50% by the employee.
If any of the City's other bargaining groups agree to either place a cap on the
medical contribution provided by the City or increase the sharing of the increased
cost above 50 %, the City and Supervisory and Professional Employee's Association
(SPEA) mutually agree to reopen the Memorandum of Understanding beginning
immediately after negotiations have been completed in 2008 with the Police Officer's
Association and the Firefighter's Association. The City and the SPEA will also
discuss any proposal for potentially limiting medical and options available to retirees.
Any changes in the Memorandum of Understanding based on this reopener would
be effective January 1, 2009.
SECTION 3. Accelerated Salary Step Advancement - Employees who have yet to reach
the top step of their salary range are eligible to receive an accelerated salary step advancement of
up to 5% in a 12 month period upon recommendation and approval by the department head and City
Manager. An accelerated salary advancement is intended to recognize an employee's job
performance which consistently and uniquely exceeds normal expectations.
SECTION 4. Direct Deposit — The City shall electronically deposit employees' paychecks
directly into a savings or checking account designated by the employee. Employees shall be
responsible for providing the Administrative Services Department with the correct transit routing
number of their banking institution and the correct number of the account into which their paycheck
will be deposited. Exceptions to this policy shall be granted upon an employee's written request to
the Finance Director.
SECTION 5. Use of Personal Vehicle on Official City Business — Employees authorized to
use a personal vehicle while on official City business will receive mileage reimbursement at the rate
approved by the Internal Revenue Service. Use of a personal vehicle will not be authorized if a City
motor pool vehicle is available to the employee. Under appropriate circumstances, Department
Heads may approve exceptions to the requirement to utilize available motor pool vehicles.
SECTION 6. Educational Incentive Pay — Eligible employees shall be entitled to receive
educational incentive pay. The educational incentive pay shall be equal to five percent (5 %) of the
employee's base salary and shall be paid at the same times and in the same manner as base
salary. Eligibility for educational incentive pay is limited to those employees who (a) are working in a
job classification that does not require a bachelor's degree or higher degree to qualify for the
classification, and (b) were awarded such degree in one of the majors of public administration,
business administration, engineering, or other job-related major, which had been approved by the
department head, in writing.
SECTION 7. Bilingual Pay — An employee who demonstrates conversational and written
fluency in a language approved by their Department Head and who is assigned duties in which such
language skills are regularly used, shall be entitled to bilingual pay of 2.5% above his or her base
pay.
The City will be responsible for utilizing a standardized, industry accepted test (such as Berlitz, Inc.)
to determine an employees qualifications for bilingual pay.
SECTION 8. Longevity Pay — An employee who has completed twenty (20) years of
continuous service with the City of El Segundo shall be entitled to longevity pay of 5% above his or
her base pay.
SECTION 9. Certification Pav—Employees occupying the job classifications of Wastewater
Supervisor and Water Supervisor shall be entitled to certification pay of 5% above his or her base
pay for obtaining and maintaining a certification above the level required on the City Council
approved class specification. Eligible certifications will be determined by the employee's
Department Head.
ARTICLE XII - UNIFORMS
Employees occupying the following job classifications shall have uniforms and footwear provided
and replaced by the City:
Crime Prevention Analyst 1 /II
Emergency Services Coordinator
Environmental Safety Manager
Equipment Maintenance Supervisor
Facilities Maintenance Supervisor
Fire Marshal
Park Maintenance Supervisor
Police Records Supervisor
Principal Fire Prevention Specialist
Senior Building Inspector
Street Maintenance Supervisor
Wastewater Supervisor
Water Supervisor
Department Heads will determine appropriate uniform and footwear for employees occupying
Departmental job classifications. Style and cost will be determined solely by the City, with the
Association provided the opportunity for information input. The determination of the City shall not be
subject to administrative orjudicial appeal. Uniform cleaning services shall be provided by the City.
In addition, a Union member occupying the job classifications of Environmental Safety Manager,
Principal Fire Prevention Specialist, Fire Marshal, Crime Prevention Analyst 1 /II, Emergency Services
Coordinator, Police Records Supervisor and Senior Building Inspector shall receive a uniform
cleaning allowance of $400 per year.
ARTICLE XIII - OVERTIME
SECTION 1. Fair Labor Standards Act — Overtime Compensation
(a). Pursuant to the Fair Labor Standards Act, employees occupying the classifications
and assignments described in Article I, Section I, are entitled to overtime pay at the rate of
one and one -half (1.5) times their regular rate of pay for all hours worked in excess of forty
(40) hours in a seven (7) day workweek, commencing at noon on Friday and ending at noon
on Friday.
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SECTION 2. Definition of hours worked for overtime - Computation purposes.
The following shall not be considered as time worked for purposes of computing entitlement to
overtime compensation:
1. Meal breaks;
2. Utilization of paid or non -paid leaves of absence (including but not limited to vacation
leave, sick leave, holiday leave, leave without pay, compensatory time off;
3. All travel time to and from the work site when responding to a regularly scheduled
shift;
4. All time in off -duty voluntary training assignments (homework, study time, meal time,
sleep, etc.).
5. All off -duty travel;
6. All time for personal preparation and clean up;
7. Any other time not deemed hours worked by the FLSA.
SECTION 3. Overtime Authorization
No employee shall be eligible for receipt of overtime compensation unless the working of overtime
hours has been specifically authorized in advance by the employee's supervisor.
SECTION 4. Affected employees shall be entitled to accumulate a maximum of eighty (80)
hours of compensatory time off. Utilization of compensatory time off shall be subject to approval of
the affected employee's department head.
SECTION 5. Affected employees ordered by a supervisor to return to a designated
worksite other than during the employee's regularly scheduled hours of work and at a time not
contiguous with said regularly scheduled hours of work, shall be provided a minimum of four (4)
hours work time credit. Said minimum of four (4) hours shall then be included within the work period
described in Section 1 for computation of overtime purposes.
ARTICLE XIV - GRIEVANCE PROCEDURE
SECTION I. DEFINITION OF TERMS
A. Grievance - A grievance is a violation, misinterpretation or
misapplication of a specific written departmental or agency rule or
regulation or a specific provision of a memorandum of understanding.
A grievance is distinct from an appeal in that it is a violation,
misinterpretation or misapplication of a specific written departmental
or agency rule and /or policy or a specific provision of a memorandum
of understanding.
B. Grievant - A grievant is an employee or group of employees
adversely affected by an act or omission of the agency.
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C. Day - A day is a calendar day.
D. Immediate Supervisor - The first level supervisor of the grievant.
SECTION Il, TIME LIMITS
A. Compliance and Flexibilitv - With the written consent of both parties,
the time limitation for any step may be extended or shortened.
B. Calculation of Time Limits - Time limits for appeal provided in each
level shall begin the day following receipt of a written decision or
appeal by the parties.
C. Failure to Meet Timeliness - Failure at any level of this procedure to
communicate the decision on a grievance by the City within the
specified time limits shall permit lodging an appeal at the next level of
the procedure within the time allotted had the decision been given. If
the grievance is not processed by the grievant or grievants in
accordance with the time limits, the decision last made by the City
shall be deemed final.
SECTION III. PROCEDURE
Grievances will be processed following the procedures set forth below.
A. Level I - Within ten days of the date the employee reasonably knew or should have
known of the incident giving rise to the grievance, the employee should make an effort to
resolve the grievance informally with the employee's immediate supervisor. The supervisor
shall hold discussions and attempt to resolve the grievance within five (5) days.
B. Level II - In the event such efforts do not produce a mutually satisfactory resolution,
the grievant shall have ten (10) calendar days to file a formal written grievance after
the employee's immediate supervisor is unable to resolve the grievance through the
discussion process. Under no circumstances may a grievance be filed more than
twenty -five (25) days from the date the employee knew or should have known of the
incident giving rise to the grievance.
1. Procedure for Filing a Grievance -
In filing a grievance, the employee should set forth the following information:
a. The specific section of the departmental or agency rules or
regulations allegedly violated, misinterpreted or misapplied.
b. The specific act or omission which gave rise to the alleged violation,
misinterpretation or misapplication.
C. The date or dates on which the violation, misinterpretation or
misapplication occurred.
d. What documents, witnesses or other evidence supports the
grievant's position.
e. The remedy requested.
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C. Level III - If the grievance is not resolved by the immediate supervisor the grievant
may present the grievance in writing to the department head within five (5) days.
The department head will respond in writing within ten (10) days.
D. Level IV - If the grievance is not resolved by the department head, the grievant may
present the grievance in writing to the City Manager within five (5) working days. The
City Manager or designee will conduct an informal hearing and render a decision.
Each party shall have a right to present witnesses and evidence at the hearing. The
conclusions and findings of this hearing shall be final.
SECTION IV. MATTERS EXCLUDED FROM THE GRIEVANCE PROCEDURE
A. The grievance procedure is not intended to be used for the purpose of
resolving complaints, requests or changes in wages, hours or working
conditions.
B. The procedure is not intended to be used to challenge the content of
employee evaluations or performance reviews.
C. The procedure is not intended to be used to challenge the merits of a
reclassification, lay -off, transfer, denial or reinstatement, of denial of a step or
merit increase.
D. The procedure is not intended to be used in cases of reduction in pay,
demotion, suspensions or a termination, but is subject to the formal appeal
process as outlined in Ordinance 586.
SECTION V. CONFERENCES
Grievants and City representatives, upon request, shall have the right to a
conference at any level of the grievance procedure.
SECTION 4. EMPLOYEE APPEALS FROM DISCIPLINARY ACTIONS
A. Any permanent employee in the Classified Service who has been suspended, for a
period of six (6) days or more, demoted, dismissed, or reduced in pay shall have a
period of ten (10) days following written notification in which to file an appeal or
answer the charges.
B. The employee shall forthwith be given in said written notification a statement of the
extent and nature of any disciplinary action and a full explanation of the reasons for
the action including specific information as to time and place of incidents.
C. Each disciplinary action shall automatically be given administrative review by the City
Manager, immediately after the written notification, and the City Manager may
countermand the disciplinary action or modify the discipline imposed prior to any
hearing as hereinafter provided.
D. Appeals and requests for hearings shall be filed with the City Manager, and then
immediately referred to the Los Angeles County Civil Service Commission or City
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Council, as the case may be.
E. The Commission shall have the right to refuse to hold a hearing in any case in which
the appellant fails to present sufficient grounds to warrant a hearing.
F. Procedures for all hearings to be conducted by the Count shall be in accordance with
the Rules of the Los Angeles County Civil Service Commission.
ARTICLE XV - LAYOFF
SECTION 1. Grounds for Layoff - Whenever, in the judgment of the City Council, it becomes
necessary to reduce the workforce because of a lack of funds, lack of work or reorganization, an
employee may be laid off, reduced in classification or displaced by another employee. Such layoff,
reduction or displacement shall result from action of the City Manager or his designee. Such action
shall not entitle the laid off, reduced or displaced employee to a right of appeal. The City Manager
shall recommend to the City Council each classification to be effected by any such change.
SECTION 2. Notice to Employees - An employee filling a full time position shall be given fourteen
(14) calendar days prior notice of lay off. Employees transferred, reduced or displaced shall be
given five (5) calendar days notice. The City Council may approve a reduction in the notice
requirements, if so recommended by the City Manager.
SECTION 3. At -Will Employees - The City Manager retains the right to layoff or alter the work
assignment of the following employees at any time without notice or right of appeal: emergency
employees, temporary or seasonal employees, part-time employees, original probationary
employees, promotional probationary employees and employees designated as at -will. The
promotional probationary employee shall revert to his /her previously held classification and position
without loss of seniority.
SECTION 4. Procedures for Layoff - A permanent employee in a classification effected by a
reduction in force shall be laid off based on seniority in City service; that is the employee with the
least City service shall be laid off first, followed by the employee with the second least City service,
etc. Seniority shall be determined by hire date.
SECTION 5. Breaking Ties - Provided that seniority, hiring date is equal retention points forjob
performance shall be credited on the basis of the average of the overall evaluation ratings for the
last three (3) years in a classification, provided the last rating had been filed at least thirty (30) days
prior to the date of the layoff notice. Retention points are as follows:
1. "Unsatisfactory" rating - 0 retention points.
2. 'Improvement needed" rating - 6 retention points.
3. "Satisfactory" rating - 12 retention points.
4. "Exceeds expectations" rating - 18 retention points.
5. "Outstanding" rating - 24 retention points.
SECTION 6. Reduction to a Vacant Position - An employee designated for layoff as a result of
abolition of a position or classification may be offered appointment to a vacant position in a lower
classification, if the employee is qualified by education and /or experience for such position. If there
is more than one qualified employee eligible to be offered such appointment(s), the offer(s) shall be
based on seniority, with the employee with the highest seniority offered the position first, then the
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next highest, etc. If the employees have the same seniority, then the procedure for breaking ties set
forth above shall apply. An employee accepting such appointment shall be placed on the step for
the lower classification most closely corresponding, but in no case higher, than to the salary step of
his /her previously held position, and the employee will be assigned a new salary anniversary date on
the effective date of the appointment.
SECTION 7. Displacement Rights -An employee designated for layoff as a result of abolition of a
position or classification may displace (bump) an employee in a lower classification, if the employee
previously held permanent status in such classification. An employee who is bumped shall be laid
off in the same manner as an employee whose position or classification is abolished.
SECTION & Salary Placement -An employee who is assigned to a lower classification as a result
of a displacement (bump) shall receive the compensation reflected by the step of the salary range of
the new classification closest to the compensation of the employee in the previous classification,
and the employee will also be assigned a new salary anniversary date on the effective date of the
appointment. An employee accepting such appointment shall be placed on the step for the lower
classification most closely corresponding, but in no case higher, than the salary step of his /her-
previously held position, and the employee will be assigned a new salary anniversary date on the
effective date of the appointment. The employee shall, however, retain seniority while his /her name
remains on a reemployment list or lists, as set forth in subsection 9.
SECTION 9. Reemployment List - The names of permanent employees who have been laid off
under this section (including employees who bumped down) shall be placed, in order of seniority
from highest to lowest, on a reemployment list for their classification or any lower classification for
which the employee is qualified by education and /or experience. Persons on such lists shall retain
eligibility for appointment there from for a period for three years from the date their names were
placed on the list. As a vacancy within a classification or a lower related classification becomes
available, the name appearing at the top for the list shall be offered the opportunity to fill the
vacancy. The name of an individual selected from the list to fill the vacancy who refuses the re-
employment offer shall be permanently removed from the re- employment list without right of appeal.
Laid -off employees do not earn seniority credit or benefits while on the re- employment list.
SECTION 10. Rights upon Reemployment -If a person is reemployed by the City within three years,
the employee's accumulated sick leave allowance, seniority and vacation accrual shall be reinstated.
Employees should be placed on the same salary step previously held upon reemployment.
ARTICLE XVI - MISCELLANEOUS
SECTION 1. Credit Union - Employees are eligible to join the regional Centinela South
Bay Credit Union.
SECTION 2. Temporary Assignment to Higher Classification - Where an employee is qualified for
and is required for an appreciable period of time to serve temporarily in and have the responsibility
for work in a higher class or position, when approved by the City Manager, such employee, while so
assigned, shall receive the entrance salary rate of that class or whatever step thereof that is not less
than five percent above his or her present rate, whichever is higher. For the purpose of this section,
"appreciable period of time" is defined as ten consecutive working days (eight working days if on
four /ten plan) or longer.
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SECTION 3. Rest Periods -All bargaining unit employees shall be provided a fifteen (15) minute
rest -break near the mid -point of every four hours of scheduled work. In order to ensure that such
affected employees are prepared to reconvene performance of their duties precisely at the
conclusion of the fifteen (15) minute rest - break, such employees are encouraged to take their break
within the building where they are regularly assigned or on the grounds immediately adjacent to the
work assignment.
As regards lunch breaks, all affected employees are scheduled for either a thirty (30) or sixty (60)
minute lunch break depending upon the work assignment. Said scheduling shall be in accord with
pre- existing City practices and procedures.
Failure by an employee to utilize a rest or lunch break shall not result in any accumulation or other
"banking" of said unused time, nor shall failure to utilize said rest or lunch break time result in
conclusion of the employees regularly scheduled work shift at a time earlier than scheduled nor shall
any unused break time be utilized to extend a lunch break. However, in any instance where
management mandates that a rest or lunch break not be taken because of the need to provide
services to the City, then said additional work time shall be compensated in accord with this MOU,
City Rules and Regulations and applicable statutory requirements. Additionally, in said
circumstances, management does have the discretion to allow for early termination of an
employee's regularly scheduled work hours in amounts of time equivalent to the missed breaks.
SECTION 4. Reauest for Reclassification Review
A. Basis for request - A bargaining unit employee or Union may make a request for
reclassification once every two years, if an employee's job duties and responsibilities have become
significantly different over the two -year period.
B. Processing of request - The request for reclassification review must be submitted by
the employee or the Union to the employee's immediate supervisor. The employee's supervisor
shall submit a written recommendation to the employee's Department Head concerning the merits of
the reclassification review request. If the Department Head determines that the employee's job
duties and responsibilities have significantly changed, the Director of Administrative Services will
initiate the reclassification review process.
Human Resources Division staff will have the responsibility to conduct the reclassification review
process. However, if the Union and the City mutually agree, a consultant may be utilized at any step
of the reclassification review process. The cost of the agreed upon Consultant will be paid by the
City.
C. Components of reclassification review -
1. The employee requesting the reclassification review will provide information summarizing
the scope and complexity of the duties and responsibilities of the position.
2. The employee requesting the reclassification review will be interviewed and observed at
work to assess the validity of the information provided by the employee and to develop a
full understanding of the job duties and responsibilities.
3. A salary survey will be performed comparing the employee's position with similar
positions in the Cities of Culver City, Gardena, Hawthorne, Hermosa Beach, Inglewood,
Los Angeles, Manhattan Beach, Redondo Beach, Santa Monica, Torrance, and the
County of Los Angeles. For purposes of the salary survey, the mid -point of the City's
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current pay schedule will be compared to the midpoints of the surveyed public entities for
positions with similar education and /or experience requirements. Variances of +/- 5%
will be considered comparable to the prevailing rate.
D. Action by the Director of Administrative Services - The completed reclassification survey
and a draft fob description shall be reviewed by the employee's supervisor and the Director of
Administrative Services. The Director shall then meet and confer with the Union on the results of
the reclassification review. The Director shall then make his or her recommendation to the City
Manager. The Director shall recommend to the City Manager the approval of any reclassification
request that reflects a substantial change in the duties and responsibilities of the position. If a
request for reclassification comes from the Administrative Services Department, the Director of
Administrative Services will assume the responsibility of Department Head and the Assistant City
Manager will assume the responsibility of the Director of Administrative Services.
E. Action by the City Council - All reclassifications must be approved by the City Council.
F. Effective date of reclassification - Any approved reclassification shall become effective
the pay period following approval.
G. Challenge to decision on reclassification request - The Union may challenge the denial of
the reclassification request by the Director of Administrative Services, the City Manager or the City
Council. Any challenge to the denial of the reclassification request will be governed by this section
and not by Article XVI, Grievance Procedure. If a challenge is made, anew classification review will
be completed by a neutral entity selected by mutual agreement of the Union and the City. The
parties agree to accept the conclusions reached by the neutral entity. The cost of the consultant's
services will be shared equally by the Union and the City.
SECTION 5. Seniority - For the purpose of this Memorandum of Understanding, seniority shall be
defined as a bargaining unit member's total, continuous employment in a position in the City's
classified service. Total, continuous employment is that which is uninterrupted by separation and
includes 1) actual time worked, 2) authorized leave of absence, both paid and unpaid, 3) family
leave, 4) military leave and 5) industrial injury or illness leave. For purposes of this section, a leave
of absence without pay is limited to a maximum of 90 continuous days.
SECTION 6. Standby Duty - Standby Duty is the time that employees, who have been released
from duty, are specifically required by their supervisor to be available for return to duty when
required by the City. During Standby Duty, employees are not required to remain at their City work
station or any other specified location. Standby Duty employees are free to engage in personal
business or activities. However, standby duty requires that employees:
1. Be ready to respond immediately.
2. Be reachable by paging device or telephone. The City may, in its discretion, provide
a paging device (e.g., a beeper) to an assigned Standby Duty employee.
3. Be able to report to work within one (1) hour of notification.
4. Refrain from activities which might impair their ability to perform assigned duties.
This includes, but is not limited to, abstaining from the consumption of any alcoholic
beverage and the use of any illegal drug or incapacitating medication.
5. Respond to any call back during the assigned standby period.
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3 6 a° 2 .
As with any City equipment, any paging device assigned to an employee is the responsibility of the
standby employee during the standby assignment. The employee is liable for loss or damage to the
paging device which is caused by the employee's negligence or intentional acts.
Failure of an employee to comply with the provisions of standby duty may subject the employee to
discipline, up to and including termination of employment with the City.
For each period of standby duty, employees shall be provided the choice of two (2) hours of
compensatory time off or two (2) hours of paid time. A period of standby duty shall be defined as
one (1) day, commencing at 0001 and ending at 2400.
An employee who uses sick leave or vacation leave during a standby period, occurring on or after
September 9, 2000, shall not be provided any form of compensation for the standby period, unless
the employee's department head approves, in writing, the provision of the normal standby period
compensation.
SECTION 7. Jury Duty -Employees shall be entitled to a leave of absence for jury duty subject to
compliance with all of the following conditions:
➢ The employee must provide written notice of the expected jury duty to his or her supervisor
as soon as possible, but in no case later than 14 calendar days before the beginning of the
jury duty.
During the first two weeks of jury duty, an employee shall be entitled to receive his or her
regular compensation.
➢ For any portion of jury duty that extends beyond the first two weeks, such extended jury duty
period shall be without pay.
➢ Any compensation for such jury duty, except travel reimbursement pay, must be deposited
with the Director of Administrative Services.
➢ While on jury duty, the employee must report to work during any portion of a day that the
employee is relieved of jury duty for three or more consecutive hours.
➢ The employee must provide documentation of his or her daily attendance on jury duty.
ARTICLE XVII - DRUG -FREE WORKPLACE- STATEMENT
AND SUBSTANCE ABUSE POLICY,
SMOKING POLICY AND BREAK POLICY
The parties have met and conferred in good faith regarding the adoption of a drug -free workplace
statement and substance abuse policy as well as non - smoking policy and break policy and the same
shall be implemented concurrent with adoption of this MOU.
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36'2 .
ARTICLE XVIII- PERSONNEL FILE
SECTION 1. The official personnel file of each employee shall be maintained in the Human
Resources Division. A unit member and /or a Union representative authorized by the member, in
writing, may review or obtain copies of material from the employee's file with the exception of
material that includes ratings, reports or records which are obtained prior to the employment of the
employee involved.
SECTION 2. Employees shall be provided any copies of derogatory material placed in their official
file. Employees will be requested to acknowledge they received any derogatory material prior to it
being placed in their personnel file.
SECTION 3. All customer or citizen letters of a positive nature and /or any City commendations,
letters of achievements and recognition will be placed in the employee's personnel file.
ARTICLE XIX - MAINTENANCE OF MEMBERSHIP
Upon approval of this agreement by the El Segundo City Council, all unit employees who voluntarily
became members of the Union and those unit employees who voluntarily become members of the
Union during the term of this agreement shall remain members until the expiration of the agreement.
Notwithstanding the above, employees may terminate their Union membership within forty -five (45)
calendar days prior to the agreement expiration date. Effective January 26, 2004, a Letter of
Agreement between the California Teamsters Local 911/EI Segundo Supervisory and Professional
Employees Association and the City of El Segundo regarding implementation of Agency Shop
Provisions was signed by representatives of the City and the Association. The Union shall indemnify
and hold harmless the City and its Council individually and collectively from any legal costs and /or
damages arising from claims, demands, or liability by reason of litigation arising from this article.
The Union agrees to pay the City all legal fees and legal costs incurred in defending the City or its
officers, employers, or agents against any court action or administrative action challenging the
legality or constitutionality of the provisions of this article or its implementation.
ARTICLE XX - ZIPPER CLAUSE
This Memorandum of Understanding constitutes the sole agreement between the parties. The
parties acknowledge that during the meet and confer sessions which preceded and resulted in this
Memorandum of Understanding, each had the unlimited right and opportunity to make proposals
with respect to any subject or matter not removed by law from the sphere of meet and confer and
that this Memorandum of Understanding was arrived at by the parties after the exercise of those
rights and opportunities.
ARTICLE XXI - CATASTROPHIC LEAVE BANK
Pursuant to the meet - and - confer process for 1997 -98, it was agreed upon that effective July 1,
1997, or as soon thereafter as is possible, the City shall establish a Catastrophic Leave Bank for
represented employees as follows:
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PURPOSE
To establish a program whereby City employees may donate accumulated time to a
catastrophic sick leave bank to be used by permanent, part -time and full -time
employees who are incapacitated due to a catastrophic illness or injury.
DEFINITION
A catastrophic illness or injury is a chronic or long term health condition that is
incurable or so serious that, if not treated, it would likely result in a long period of
incapacity.
III. PROCEDURES
A. There is established a joint - employer /employee committee composed of an
individual from each recognized employee organization and a representative
of City Administration charged with administering the Catastrophic Leave
Bank.
B. Employees may transfer sick leave, vacation or compensatory leave to the
Catastrophic Leave Bank to be donated to an employee who is experiencing
catastrophic illness and has exhausted all personal sick leave. Such a
transfer can be made on July 1 of each year on forms provided by the City of
El Segundo. The employee to receive the donation will sign the "Request to
Receive Donation" form allowing publication and distribution of information
regarding his /her situation.
C. Sick leave, vacation and compensatory time leave donations will be made in
increments of no less than one day. These will be hour for hour donations.
D. Employees must hold a minimum of one hundred and twenty (120) hours of
accumulated illness /injury leave after a donation has been made.
E. The donation of time is irrevocable. Should the recipient employee not use
all of the donated time for the catastrophic illness or injury, any balance will
remain in the Catastrophic Leave Bank to be administered by the committee
and utilized for the next catastrophic leave situation.
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For the I Inion:
Chester Mordas' i,
Business Representative
Jr C09r,lthief Steward
_r
f LIZIL
Gil Busic , ater Supervisor
t
E ma Gray, Police Records QII.pervisor
A l
Stella 0' 4rbious, Senior Acco
Gary Ggoibi,'Senior Administrative
�- 2 -0Z
Date
For the City of El Segundo:
Ar
Br &t ff. Plumlee, Director of Administrative
Services
--- &-,6( Au�-r'
Bill Crowe, Assistant City Manager
Bob Hyland, Human Resourc nager
�-Z- I CD J;�
Date
21
R 4.
For the Union:
Chester Morda 'ni,
Business Representative
James Chief Steward
Gil Busick, Water Supervisor
EWEN
Gray, Poli4e Records Supervisor
� 5 � �
Stella Geo i�io0s Senior
U d.
G i, Senior Administrative
Analyst
6? -12,— a�
Date
For the City of El Segundo:
Bret M. Plumlee, Director of Administrative
Services
Bill Crowe, Assistant City Manager
Bob Hyland, Human Re-sbucc s Manager
c� � Z. 0 C=
Date
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